Court: Texas had no right to remove polygamists' children

In its ruling, the Texas 3rd District Court of Appeals decided in favor of 38 women who had appealed the removals, as well as a decision last month by a district judge that the children will remain in state custody.

"The existence of the FLDS belief system as described by the department's witnesses, by itself, does not put children of FLDS parents in physical danger," the three-judge panel said.

The state's Department of Family and Protective Services "did not present any evidence of danger to the physical health or safety of any male children or any female children who had not reached puberty," the judges ruled.